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PHILLIPS CO. v. SOUTHERN PACIFIC RAIL CORP.

Civ. A. No. 93-Z-1461.

902 F.Supp. 1310 (1995)

The PHILLIPS COMPANY, a Colorado Limited Partnership, Plaintiff, v. SOUTHERN PACIFIC RAIL CORPORATION, a Delaware corporation, The Denver and Rio Grande Western Railroad Company, Inc., a Delaware corporation, and Southern Pacific Transportation Company, a Delaware corporation, Defendants.

United States District Court, D. Colorado.

October 2, 1995.

Attorney(s) appearing for the Case

George Maurice Allen, Herbert S. Klein, Herbert S. Klein, P.C., Telluride, CO, for Phillips Co.

William D. Watson, John Robert Webb, Holme Roberts & Owen, LLC, Denver, CO, for Denver and Rio Grande Western Railroad Company, Southern Pacific Rail Corporation.

ORDER GRANTING SUMMARY JUDGMENT

WEINSHIENK, District Judge.

This case arises through plaintiff's claim against defendant The Denver and Rio Grande Western Railroad Company, Inc. ("D & RGW") under 43 U.S.C. § 912 ("Section 912") to ownership of a portion of D & RGW's railroad right-of-way as a result of an alleged abandonment. Plaintiff alleges that the abandonment occurred prior to October 4, 1988. The date of any abandonment is of importance...

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